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Pro se against the State

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kammeo

Member
What is the name of your state? Texas.
After following the rules & process for Complaint, I'm wind up pro se in Federal Court since 12/2017. I suggest OAG let Me know when they would like to have a conference about the possibility of settlement. Instead they reply with an "INTENTION FOR DEPOSITION" Document that has a location & start date, and no end time or date: "to continue day to day until complete".
Part of the Complaint has to do with an hour+ witnessed meeting by My employer, where I was verbally assaulted by the Supervisor. The STATE mislead EEOC in their response about the meeting and audio and to their excuse to terminate My 23.5 years of Employment... I had to contact a Senator to gain access to the Response, because the lawyer I had 2015- 2017 refused My requests. AFTER the Senator contacted EEOC, that's when the Lawyer requested the Response that was over a year old. Then He released Me. I've been pro se ever since because LEGAL AID doesn't help with fee generating cases & no Attorney will take on a case "they didn't start".
The deposition intention reads like they want to harass Me again, indefinitely....
Help?
 


Zigner

Senior Member, Non-Attorney
Your case is far beyond the scope for which an internet forum can help. Keep looking for an attorney.
 

quincy

Senior Member
I get the same reply from attorneys.
I am not exactly clear from your post what is going on but it appears you have an ongoing legal matter that requires a personal review of all relevant facts - and we cannot do personal reviews on this forum.

I agree with Zigner that you should continue your search for a lawyer in your area who can, at the very least, take a look at your case's history and offer you advice, direction and perhaps a referral.
Good luck.
 

Taxing Matters

Overtaxed Member
What is the name of your state? Texas.
After following the rules & process for Complaint, I'm wind up pro se in Federal Court since 12/2017. I suggest OAG let Me know when they would like to have a conference about the possibility of settlement. Instead they reply with an "INTENTION FOR DEPOSITION" Document that has a location & start date, and no end time or date: "to continue day to day until complete"....
The deposition intention reads like they want to harass Me again, indefinitely.
You have evidently sued your former employer in federal court on a claim of illegal discrimination. Once you do that and the employer has filed its answer the process of discovery may begin. Discovery is the process wherein the parties may gather additional evidence to support their case. One of the tools of discovery is a deposition, in which the deposed person appears and answers questions posed of the deposing party. Under the federal rules of civil procedure former employer has a right to depose you and ask you questions about your claim of illegal discrimination and this is standard stuff in civil litigation. You have the right to depose relevant employees of the employer, too. Chances are that the deposition will take no more than one day, but the notice will be open ended in case it turns out more time is needed to get through all the questions the employer's attorney has. It is not harassment unless the employer abuses the discovery process. One of the reasons an attorney would be helpful here is that the attorney can spot and object to questions that the employer's attorney may ask that are out of bounds. The attorney can also prepare you for the deposition so that you are not caught by surprise and are prepared to answer what will be asked.

When you sue someone you subject yourself to being deposed, among other things. It's not fun, but it's something you have to be prepared to do if you want to win.

Note that the employer does not have to engage with you about settlement prior to discovery and often won't because the employer will want to have a good idea of the available evidence before figuring out what risk it has if the case goes to trial.
 

kammeo

Member
Since there were assorted witnessed meetings while I was employed, during the EEOC "investigation", that were either completely unannounced or hostile, or both - and one of the very last meetings the supervisor stood over her desk, beating her fist, yelling at Me for an hour+ "I DARE YOU TO FILE ANOTHER COMPLAINT WITH HR!" - and the EEOC Response/Amended lies and claims that I yelled, when I didn't, and that the audio was heard prior to the termination for "work performance"... I am uneasy about meeting with anyone. But I also know what happened, when.
Youtube deposition videos are helpful. This website is helpful. It's annoying to have been put through so much and that the employees are not also held accountable by Title VII. (which is part of WHY I was retaliated against so much - because they CAN.)

Yes, it is Southern District Court, Houston. After dealing with a "State" university - I wasn't about to bother with "State" court. ....after what I have witnessed/been through I tend to wonder WHO follows policies laws. I am thankful that I am aware God is REAL = makes it easier to breathe.
 

kammeo

Member
What is the legal vocabulary to search for how to know what to ask for via Employment law?
Where to look? (besides digging through case files)
Does being a 23.5 year employee count?
Does the pattern of years of bullying/harassment play a role, even though it is outside the "300 days"? (I was written up for "being female" 1996...I have a copy. HR told Me they couldn't find it and asked Me to sign a different one back then. - then there's a list of in-between experiences.)
(This is a Texas State employee complaint; Federal Court.)
 

kammeo

Member
That is standard language for a notice of deposition
Thank you. - as to the "day by day": What if I am scheduled to be someplace else the next day? - do We schedule another day, or does it continue uninterrupted?
Where is a list of what can be asked and what isn't okay?
 

quincy

Senior Member
Kammeo, here is a link to the Federal Rules of Civil Procedure:


You can look at Title V, Disclosures and Discovery, to learn about depositions.

If you can find a lawyer in your area, it is strongly recommended that you have one assist you.

Good luck.
 
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